The class action was launched by William Roberts Lawyers, with support from funder Omni Bridgeway, after major fires in Melbourne’s Lacrosse tower in 2014, in London’s Grenfell tower in 2017, and in Canberra’s Glebe Park Apartments in 2019.

Ian Roberts SC, appearing in the Federal Court on Monday (26 August) on behalf of plaintiff The Owners – Strata Plan No 87231, alleged the Alucobond PE and Alucobond Plus branded products were “not of an acceptable quality” and gave rise to “fire risks”.

The class action also alleged A3 and Halifax engaged in “misleading conduct [by] advertising and promoting the goods”.

Although Halifax disputed it was involved in the marketing material, Roberts said it is the plaintiff’s position that not only was the company allegedly involved, but it and A3 were successful in making sure the products went into “buildings throughout Australia”.

“We say that the physical properties and the reaction to fire behaviour of the PE and the Plus products give rise to what we describe … as the material fire risk properties we rely on.

“[It’s] not only for the capacity to promote [the goods] … but the way they decomposed as they burnt, dropping debris and plastic on those below them. Those characteristics make them wholly unfit,” Roberts said.

To support its case, Roberts pointed the court to video footage that depicted an “incredibly intense fire” and showed “flaming bits of building” falling onto people escaping, fire crews trying to extinguish it, and onto surrounding areas “that may also start to burn”.

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Roberts said the court would also hear from the regional fire director at the time of Melbourne’s fire, who will give evidence that in his 30-year career, he has “never seen a fire spread as rapidly up a high-rise building” and has never witnessed ”fire damage of the type he saw … including walls that were completely burnt through”.

The class action has demanded compensation that would include the costs of removal and replacement of the cladding, increases in insurance premiums, costs of any building safety assessments, and to cover the reduction of value to buildings.

The matter continues.

The case is The Owners – Strata Plan 871 v 3A Composites GMBH & Anor.

Editor's note: The headline has been changed. A previous version incorrectly suggested Alucobond products were responsible for building fires in Australia.